Hon. Stephen G. Limmer

Attorney General of New York — Opinion
Dated: December 3, 1980

TOWN LAW, § 198 (4).

In Nassau County, violations of town ordinances regulating conduct in parks of a Town Park District may not be prosecuted in village justice courts.

Hon. Stephen G. Limmer Schiffmacher, Cullen, Farrell and Limmer, Esqs. Attorneys for the Great Neck Park District

As attorneys for the Great Neck Park District, a special district of the Town of North Hempstead, Nassau County, you have asked whether violation of regulations governing behavior in the parks of the District may be prosecuted in a village court if the violation occurred in a District Park located within a village within the town. You note that the regulations were duly adopted and enacted by the town.

Town Law, § 198 (4) specifically addresses this question: “* * * in the County of Nassau [the violators of Park District regulations are to be prosecuted] before a judge of the District Court and elsewhere before a justice of the peace * * *.”

Thus, the District Court of Nassau County has been given exclusive jurisdiction over prosecutions for violations of rules governing Town Park District parks.

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